Land Disputes Lawyers in Penang, Malaysia

Land Disputes in Malaysia

Clear advice when your property or land is in dispute

Land and property disputes can be stressful and confusing, and we are here to help you understand your rights and your options.

How we help

We advise property and land owners, buyers, sellers, co‑owners, neighbours, landlords and tenants. We can help you:

review land titles, sale agreements and related documents;
advise and represent you in eviction process;
advise on boundaries, encroachment and trespass;
advise on dispute to the ownership of the land or property;
lodge or remove private caveats to protect or clear a claim on a title;
advise co‑owners on partition or the sale of jointly‑owned land;
assist with charge and foreclosure matters;
advise on strata (apartment and condominium) management issues and landlord‑and‑tenant matters;
represent you in negotiations, the Strata Management Tribunal, or court.

Frequently Asked Questions

What is a land dispute?

A land dispute is a disagreement about who owns land, how it may be used, or where its boundaries lie. Common examples include boundary and encroachment problems, trespass, disputes between co-owners, sale and purchase disagreements, and issues between banks and borrowers. If you are unsure of your position, it is wise to speak to a lawyer early.

Who is treated as the owner of land in Malaysia?

Malaysia uses the Torrens system under the National Land Code 1965. Under this system, the person whose name is entered on the land register (the title) is recognised as the owner, and registered title is strongly protected — known as "indefeasibility of title". In limited situations, such as fraud or forgery, a registered title can still be challenged, so it is best to get legal advice on your specific case.

Can I become the owner of land just by occupying it for a long time?

Generally, no. Because Malaysia follows the Torrens system, "adverse possession" — claiming ownership simply by occupying land for many years — is not recognised. Long occupation, on its own, does not defeat a registered owner, and occupying land without permission can even be an offence. If someone is occupying your land, or you are worried about your own occupation, please seek legal advice.

What is a private caveat, and why might I lodge one?

A private caveat is a note lodged on a land title to protect a claim or interest a person says they have in the land — for example, a buyer protecting a property they have agreed to purchase. Once entered, it generally stops the land from being sold, transferred or charged until it is removed. A caveat stays on the title for a period set by law unless withdrawn or removed before then, and lodging one without a proper basis can have consequences, so it is wise to get advice.

Someone has lodged a caveat on my land. How can I remove it?

You can take steps to have it removed, usually by applying to the court, after which the person who lodged the caveat must show they have a proper basis for it. If they cannot, the court may order the caveat to be removed. Because there are time limits and procedures to follow, it is best to get legal advice promptly.

My neighbour's fence or building crosses onto my land. What can I do?

This is known as encroachment, a common type of boundary dispute. A good first step is to check your title and survey plan, and it may help to engage a licensed land surveyor to confirm the true boundary. You can then try to resolve the matter with your neighbour; if that fails, the court can order the encroachment to be removed and may award compensation.

I own land together with other people and we cannot agree. What are my options?

When two or more people own land together (co-ownership), disagreements can arise over how it is used, managed or sold. Options may include partition — physically dividing the land into separate portions — or a sale of the land with the proceeds shared. Where co-owners cannot agree, a co-owner can apply to the authorities or the court for an order. A lawyer can advise which route suits your situation.

The bank says it may sell my property because I fell behind on my loan. What is foreclosure?

When you take a loan using your property as security, the bank registers a "charge" over the land. If you fall behind on repayments, the bank can begin foreclosure — a legal process to sell the property to recover what is owed — following the steps set out in the National Land Code 1965, which usually starts with a formal notice of default. If you receive such a notice, seek legal advice at once.

I live in an apartment or condominium and have a dispute with the management. Where can I go? Apartments and condominiums are governed by the Strata Titles Act 1985 and the Strata Management Act 2013. Many strata disputes — such as unpaid maintenance charges, or disagreements about how common property is managed — can be brought to the Strata Management Tribunal, which is designed to be simpler and more affordable than court. At the Tribunal, parties usually present their own case, though a lawyer can help you prepare it.

Is there a special law for renting homes in Malaysia?

At present, Malaysia does not have a dedicated tenancy statute in force. Renting is mainly governed by the tenancy agreement between the parties, together with general laws such as the Contracts Act 1950 and the Specific Relief Act 1950 — which means a landlord cannot simply lock a tenant out but must follow the proper legal process. A Residential Tenancy Act has been proposed, but as of 2026 it has not yet become law, so the position may change. Because a clear, written tenancy agreement is so important, it is wise to have a lawyer review or prepare yours.

Someone is squatting on my land — do they gain any rights if they stay long enough?

No. A squatter is someone who occupies land without the owner's permission and without any title or right to be there. Because Malaysia follows the Torrens system under the National Land Code 1965, a squatter does not become the owner no matter how long they remain — "adverse possession" (gaining ownership through long occupation) is not recognised here. The registered owner's title continues to prevail, and the owner is entitled to recover possession of the land.

How can a landowner evict squatters in Malaysia?

The proper and safest route is through the courts, rather than trying to force occupiers out yourself — taking matters into your own hands can expose you to legal claims. The Rules of Court 2012 provide a faster, summary procedure (Order 89) that lets a landowner recover possession of land occupied by people who have no licence or consent to be there, and it can be used even where you do not know all of their names. Once the court grants an order for possession, it can be enforced with the help of court officers. A lawyer can guide you through the process and prepare the application.

Land Disputes Lawyers in Malaysia | Khaw Ewe Seng & Co

Facing a land or property dispute in Malaysia? Khaw Ewe Seng & Co. in Penang can advise on boundaries, caveats, co-ownership, strata and tenancy matters.